kavita (.) 10 July 2014

Under 138 nia act

in 138 nia act, the complainant filed case against accused but at d filing complainant gave wrong document and cheque also. The case stand and surprisely it exhibited in this case cheque different in plaint amount is different, documents also different. After some dates accused advocates notice this faulty evidence and documents immediatly he gave d exhibit application, before the court complainant agree to filed wrong document. The next date complainant advocate gave application for modification and changes of evidence. Now my question is....1) If their any provision to withdraw this case.? 2) After the wrong filing can complainant modify the evidence? 3) Is it possible?

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5 Replies

adv.raghavan (Advocate,9444674980) 11 July 2014

If the complainant wants to withdraw the case he do it under section 257 of crpc, for your second query it is possible for the magistrate to allow that petition. These things will not vitiate the proceedings.

T. Kalaiselvan, Advocate (Advocate) 12 July 2014

I agree to the views of Adv. Mr. Raghavan. Filing of wrong documents to the case will be fatal to the complainant's case. There is no provision to amend/change the cause of action. Wrong documentary evidence leads to wrong cause of action and hence if he case is not withdrawn, it is liable to be dismissed. Once the case is withdrawn, the same cannot be filed once again with proper documents too, only a fresh case with fresh cause of action will lie.

Sudhir Kumar, Advocate (Advocate) 12 July 2014

agreed with Mr Kaialselvan

https://www.lawyersclubindia.com/forum/Under-138-nia-act-105377.asp#.U8EG3kBvdG0

R Trivedi (advocate.dma@gmail.com) 12 July 2014

This clearly shows that the LD MAGISTRATE took the cognizance without applying an iota of mind. Wait and see what the Ld magistrate orders on this application, if against you, then move the HC under S.482 CrPC for quash.